Newton v. Coughlin

Appellate Division of the Supreme Court of New York

Newton v. Coughlin

211 A.D.2d 936, 621 N.Y.S.2d 948, 1995 N.Y. App. Div. LEXIS 235

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 12, 1995

StatusPublished

Cited by1 cases

This text of 211 A.D.2d 936 (Newton v. Coughlin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Newton v. Coughlin, 211 A.D.2d 936, 621 N.Y.S.2d 948, 1995 N.Y. App. Div. LEXIS 235 (N.Y. Ct. App. 1995).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Initially, we find no merit to petitioner’s assertion that the hearing was not timely completed. An extension was properly granted due to the Hearing Officer’s unavailability. In addition, the Hearing Officer properly adjourned the hearing to obtain further testimony. We also reject petitioner’s claim that he was denied the right to submit evidence at the hearing. Inasmuch as petitioner failed to request the documents at issue at the hearing, the Hearing Officer was not obligated to obtain such evidence before rendering a decision. Next, petitioner failed to meet his burden of proving that the chain of custody of his urine sample, which was the basis for the charge that he had used a controlled substance, was flawed. Petitioner’s remaining arguments are without merit or were not properly preserved for our review.

Cardona, P. J., Mikoll, Crew III, White and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Initially, we find no merit to petitioner’s assertion that the hearing was not timely completed. An extension was properly granted due to the Hearing Officer’s unavailability. In addition, the Hearing Officer properly adjourned the hearing to obtain further testimony. We also reject petitioner’s claim that he was denied the right to submit evidence at the hearing. Inasmuch as petitioner failed to request the documents at issue at the hearing, the Hearing Officer was not obligated to obtain such evidence before rendering a decision. Next, petitioner failed to meet his burden of proving that the chain of custody of his urine sample, which was the basis for the charge that he had used a controlled substance, was flawed. Petitioner’s remaining arguments are without merit or were not properly preserved for our review.

Cardona, P. J., Mikoll, Crew III, White and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

211 A.D.2d 936, 621 N.Y.S.2d 948, 1995 N.Y. App. Div. LEXIS 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newton-v-coughlin-nyappdiv-1995.

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